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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.


(13 Posts)
home2016 Thu 20-Oct-16 14:26:18

so i recently posted my problem in regards to my daughters dad keeping her and refusing to bring her back police wont help nor will ss he wont open the door for me to take her myself but he is planning on moving in 3 weeks with my daughter and his gf he hasnt told me i found out of my husbands dad now he lets her play out so would it be against any laws for me to get a lift up there wait for her to go out to play and take her would i get done for kidnapping or abduction he has NO PR over her i do hes not on her birth certificate only has a DNA letter to prove hes her dad she lives with me and is only meant to go there for holidays so would i get arrested for this

FlabulousChic Thu 20-Oct-16 23:26:09

Ask the police I can't see why you would get in trouble

ninenicknames Thu 20-Oct-16 23:28:06

No you wouldn't.

I truly don't understand why he is not being arrested!!!! He hasn't PR therefore he has NO FUCKING RIGHTS!

Jesus you need a lawyer or just got get her

Ptarmigandancinginthegloaming Thu 20-Oct-16 23:34:40

I hope someone with legal knowledge can help you - there must surely be some way to get help to get her back if u have pr.

Can't see that it would be kidnap to take ur DC home, but I'm not an expert, and I'd worry that it might upset her, or that he might see you, and try to stop u, and ur DC could end up in a tug of war.
Hope u get some good advice OP

home2016 Fri 21-Oct-16 02:32:20

Ninenicknames. He's not been arrested because of the dam DNA letter: (

purplefox Fri 21-Oct-16 03:43:14

Is there a residence order or legal agreement in place re. him only having her during the holidays?

Are you in England?

home2016 Fri 21-Oct-16 06:36:10


greenfolder Fri 21-Oct-16 06:39:08

It must work both ways? If he can just take her and keep her so can you surely. Can you take legal action?

hippydippybaloney Fri 21-Oct-16 06:43:30

Yes just take her. Then tell him what you've done so he doesn't call the police thinking she's been kidnapped

Collaborate Fri 21-Oct-16 06:58:54

If that "no" answer means you're not in the UK, you need to be more specific about where you are. This is a UK website that deals with UK legal issues.

home2016 Fri 21-Oct-16 07:02:46

I'm in the UK I mean there is no court order in place

MrsBertBibby Fri 21-Oct-16 08:00:43

Assuming you are in England or Wales, then you need to get an application in to court. It is not the job of police or social services to intervene between parents when there's no actual risk of serious harm to the child. Even if you have a residence order, it's up to you to apply to the court for help, and if necessary the Court will order the polIce to assist in retrieval (Family Law Act 1986)

If you try to swipe her back chances are there will be a huge fight in front of her.

I thought your solicitor was getting your case issued?

home2016 Fri 21-Oct-16 08:40:16

She wants the £1200 upfront which I need to save for she said to try and get her back before they move in 3 weeks

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